Honorable G. A. Walters 

county 4ttorney 

San saba county 

San Saba, Texas 

Dear Siri Opinion No. O-2143 

Re: The gift of intoxidating 

liquors to infants. 

Your request for an opinion upon the above stated subjeot has been 

received and aonsidered by this depal-tment. To wrreotly present your 

problem, we quote as,follons from your letter: 

"I desire to prosecute a bootlegger here at 

San Saba for giving whiskey and beer to each of 

four minor girls causing them all to get drunk. 

The ages of the girls range from fifteen to seventeen years and I do not find but one artiole in 

the Penal Code to-wit, Art. 693 makes it a penalty of not lessthen #25&O nor more than #loo. . . . 

"I am wondering whether Artiole 693 has been 

repealed by the Texas Liquor Law? If so, can you 

aite me to any statute making it a violation of law 

to give intoxicating liquor to a minor?" 

Article 693, Penal Code of Texas, reads as follows: 

"1Lay person who shall give or deliver, orcause 

tobe.given or delivered, or bs in any may concerned 

.iti the gift or delivery of any spiritous, vinous. 

malt or intoxioating liquors to any person under the 

age of twenty-one,years, without the written consent 

of the parent or guardian of such minor, or any person. who, as agent for or employed by an express oom- 

.prjny or other common carrier, or who, as agent for or 

employe of any other person, firm, or corporation, delivers 

or causes to be delivered, any spiritous, vinous, malt 

or intoxicating liquors to any person under the age of 

twenty-one years, whether consigned to such person or 

~to some other person, without the written oonsent of 

the parent or guardian of suchminor sHal1 be fined 

not less than twenty-five nor more than one hudred 

dollars. Acts 1909, p. 119." 
Honorable 0. A. Halters, Page 2 (O-2143) 

&tide 1, Seation 49, H.B. 7'7, Aots 1935, 44th Legislature, 

Second Called Session, provided that: 

"Sec. 49, Chapter 7 of Title II, Penal Code of 

Texas of 1925, and all amendments thereto are hereby 

expressly repealed. Title 80, Revised Civil Statutes, 

1925, and all amendments thereto are hereby expressly 

repealed.* 

Chapter 7, Title 11 of the Revised Crjminal Statutes of 1925; 

related to the use and sale of intoxicating liquors and~included hrticlea 666 and 694. Article 693, relating to the gift or delivery of inintoxicants to minors, was expressly repealed thereby. 

., 

'Section (b) of Artiole 666-26 provides thatr 

"0). It shall further be unlawful for any person 

tom klioti~ngly sell any liquor to any person under tire&y- 

'one (2l).years age;or to any person who'is intoxioated, or'to any habitual drunkard, or to any insane person. 

Acts,.l935, 44th Leg., 2nd C.S., p. 1795, ch. 467, Art. 1, 

@ 26; A&s 1937,.45th Leg., p. 1053, ch. 446, g34.e 

(Cnderscoring ours) 

Obviously, this does not govern nor apply to the oase now before 

us. 

Consequently, it is our opinion, and you are respectfully advised, 

that there is no express nor implied provision intie present laws of this 

State whereby a county official or any person or persons charged with the 

administration and enforcement of the Liquor Control Act can prosecute 

ariminally those 'persons guilty of giving intoxicating liquors to ohildrsa 

under age. 

However, for your information and aonsideration, wa refer you 

to Article 534, Vernon's Annotated Penal Code, and Artiale 1083, Code of 

Criminal Procedurei' These statuory provisions relate to, and provide punishment for, those who contribute to the delinquency of a child under the 

age of seventeen. 

Trusting that the above satisfactorily answers your inquiry; we 

remain 

Yours very truly 

ATTOREEYGEEERALOFTEXAS 

GWXLM 

APPROVED APR 19 

s/ Gerald C. l"la& 

1940 

ATTCRERY GEXERAL OF~TEXAS 

By s/W. J. Fanning 

X6. J. Fanning 

By s/ Grundy Wiili&ss 

Grundy Williams